Case SummarNationl Park service site1. Brown v. BOE (Laracuente)
The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. It dismantled the legal basis for racial segregation in schools and other public facilities.By declaring that the discriminatory nature of racial segregation ... "violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws," Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights. The decision overturned earlier rulings going back to Plessy v. Ferguson. As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment.
2. Tinker v. Desmoines (Laracuente) http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html Tinker v. Des Moines Independent Community School District, was a decision by the Supreme Court that defined the constitutional rights of students in public schools. The court held that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom.Thus in order for school officials to justify censoring speech, they "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint," allowing schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."
3. Cases discussed in class/book dealing with the rights of accused (Laracuente) http://www.answers.com/topic/rights-of-the-accused (this site actually has a lot of good information)
List of cases dealing with the rights of the accused:
Wolf v. Colorado
Mapp v. Ohio
Gideon v. Wainwright
Miranda v. Arizona
United States v. Leon
4. Purpose of the 14th Amendment (Kozak)
due process clause "nor shall any State deprive any person of life, liberty, or property, without due process of law"
equal protection under the law "nor deny to any person within its juridiction the equal protection of the law"
The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. It dismantled the legal basis for racial segregation in schools and other public facilities.By declaring that the discriminatory nature of racial segregation ... "violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws," Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights. The decision overturned earlier rulings going back to Plessy v. Ferguson. As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment.
2. Tinker v. Desmoines (Laracuente)
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
Tinker v. Des Moines Independent Community School District, was a decision by the Supreme Court that defined the constitutional rights of students in public schools. The court held that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom.Thus in order for school officials to justify censoring speech, they "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint," allowing schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."
3. Cases discussed in class/book dealing with the rights of accused (Laracuente)
http://www.answers.com/topic/rights-of-the-accused (this site actually has a lot of good information)
List of cases dealing with the rights of the accused:
Wolf v. Colorado
Mapp v. Ohio
Gideon v. Wainwright
Miranda v. Arizona
United States v. Leon
4. Purpose of the 14th Amendment (Kozak)
- due process clause "nor shall any State deprive any person of life, liberty, or property, without due process of law"
- equal protection under the law "nor deny to any person within its juridiction the equal protection of the law"
- protection of basic rights
http://caselaw.lp.findlaw.com/data/constitution/amendment14/5. Purpose of the 5th Amendment (Kozak)
- protection against self-incrimination (by "Pledging the Fifth")
- protection of private property
- "No person shall be held to a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury"
- protection from multiple trials concerning the safe offence
http://caselaw.lp.findlaw.com/data/constitution/amendment05/6. Reasons the framers didn't feel the Bill of Rights was necessary (Kozak)
- they felt that natural rights were already universal and guaranteed by "the Creator"
- they were afraid that guaranteed liberties debates would undermine their whole basic frame that they had so far
- they felt that the government was already restricted to the powers expressed in the Constitution
http://www.fff.org/freedom/fd0203a.asp